Choosing the right trademark—whether a word mark or a design mark—is one of the most important steps in protecting your brand. The type of mark you register affects how your brand is protected, recognized, and valued in the marketplace.
A word mark protects your brand name in text form, no matter how it appears. A design mark (often called a logo) protects the visual design, including logos, stylized fonts, and graphics. Knowing the difference helps you create a smart trademark strategy that aligns with your long-term brand goals and provides strong legal protection.
WORD MARK
A word mark protects the words of your brand name—such as “Adidas” or “Tesla”—in any style or font. This means your legal protection covers the name itself, regardless of how it’s presented.
DESIGN MARK
A design mark protects a specific visual representation of your brand—like the Nike swoosh or the Starbucks mermaid. It covers the look and style of your logo, not just the name.
In short:
Word mark = protects your brand name
Design mark = protects your logo or stylized design
⚖️Generally, word marks are easier to register because they focus only on the text and don’t include design elements that need to be examined.
However, the ease of registration depends on your mark’s distinctiveness and whether other similar marks already exist in the USPTO database.
💡Pro tip: hire a trademark lawyer to conduct a USPTO trademark search before filing to avoid conflicts and potential refusals. The USPTO filing fees are nonrefundable, so it’s best to file your “most likely to be approved” version, after your attorney performs the search.
🛡️ Should You Register Both a Word Mark and a Design Mark?
Yes—if possible, register both. Filing both types gives you comprehensive trademark protection for your brand:
A word mark protects your name across all designs and styles.
A design mark protects your logo or stylized version of that name.
Together, they prevent competitors from copying either your brand name or your logo to mislead customers.
🌍 Which Type of Mark Offers Broader Protection?
A word mark usually offers broader protection because it covers your brand name in any font, color, or design format.
A design mark is more specific—it protects the exact visual design that’s filed. However, design marks help build visual recognition and brand loyalty, especially for brands known by their logos.
Again, Savarese & Associates recommends registering both the word mark and the design mark (logo) for maximum trademark protection.
🧭 Step-by-Step Guide: Choosing the Right Trademark for Your Business
1. Think About Your Brand Identity
Ask yourself what your customers recognize first—your name or your logo.
If your name is unique and memorable (like Snapchat or Lexus), a word mark might be best. If your logo carries the recognition (like BMW or Apple), consider a design mark.
2. Evaluate Long-Term Brand Goals
Think about how your branding may evolve.
A word mark allows flexibility to update your visuals while keeping protection for your name.
A design mark locks in protection for your current logo and strengthens visual branding.
3. Conduct a Trademark Search
A trademark attorney licensed in any state can assist you with a search of the USPTO database for existing trademarks that may conflict with yours and file your mark. Even if you live in California and your attorney resides in Mississippi, he or she can file your trademark. Also, trademark attorneys can help interpret results to minimize legal risks.
4. Consider How Consumers Recognize Your Brand
If your business relies on logo recognition—as in fashion, design, or tech—a design mark might be essential.
If your brand depends on verbal or written recognition, such as through online search or advertising, prioritize a word mark. If you can, register both.
5. Review Costs and Legal Strategy
Each trademark application involves filing fees (usually $350.00) per mark and class of goods or services.
If budget allows, file for both types of marks. If not, start with the one that offers the strongest protection for your current branding.
6. Consult a Trademark Attorney
An experienced intellectual property (IP) attorney can help you determine which trademark type—or combination—is best for your business. They can handle the USPTO trademark search, filing, and long-term brand protection strategy.
Savarese & Associates can help you with all of your trademark needs. Contact us at 228-901-0000.
